Assessment & Evaluation Flashcards

In bodily injury evaluation, which item is a special damage?

Answer: Documented lost wages

Special damages are quantifiable economic losses such as medical bills and lost wages.

General damages in a bodily injury claim compensate for:

Answer: Non-economic harm such as pain and suffering

General damages cover non-economic losses that cannot be precisely measured in dollars.

An adjuster multiplies a claimant's medical specials by a factor based on injury severity to estimate general damages. This is the:

Answer: Multiplier (formula) method

The multiplier method applies a severity-based factor to special damages to estimate general damages.

The per diem method of evaluating pain and suffering assigns:

Answer: A daily dollar amount for each day the claimant suffers

Per diem assigns a dollar value per day of pain and multiplies it by the duration of suffering.

Under the collateral source rule in many states, a claimant's damages are:

Answer: Not reduced by payments received from independent sources such as health insurance

The collateral source rule generally bars reducing a defendant's liability for benefits the claimant received from independent sources.

In a pure comparative negligence state, a claimant 30% at fault with $100,000 in damages may recover:

Answer: $70,000

Pure comparative negligence reduces recovery by the claimant's percentage of fault, leaving $70,000.

Under a modified comparative negligence (51% bar) rule, a claimant found 55% at fault recovers:

Answer: Nothing

Under the 51% bar rule, a claimant whose fault is 51% or more is barred from recovery.